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HomeMy WebLinkAbout20140692 Ver 1_Approval Letter_20140708� jF2 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary August 4, 2014 Anson County NCDWR Project No. 14 -0692 Bridge 990,TIP B -5009 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Hugh James 124 -126 East Wade St. P.O. Box 607 Wadesboro, NC 28170 Dear Mr. James: You have our approval,. in accordance with the conditions listed below, for the following impacts for the bridge replacement on East Wade St. in Anson County: Wetland Impacts in the Yadkin River Basin Site Station Fill Fill Excavation Mechanized Hand Total Wetland Fill in Fill in (ac) (temporary) (ac) Clearing Clearing Impact (ac) Intermittent Perennial Perennial ac Requiring ac ac Stream 1 12 +43 to 12 +76 —L- 0.004 0 0 0 0 0.004 Total 0.004 0 0 0 0 0.004 Total Wetland Impact for Project: 0.004 acres. Stream Impacts in the Yadkin River Basin The project shall be constructed in accordance with your application dated received July 10, 2014 and subsequent information submitted on July 23, 2014. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the property isAold, the Transportation and Permitting Unit Une 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 NorthCarolina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 �aturaltr� Phone: 919 - 807 -63001 FAX: 919 - 733 -1290 Internet: www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer Permanent Temporary Permanent Temporary Stream Fill in Fill in Fill in Fill in Total Stream Impacts Site Intermittent Intermittent Perennial Perennial Impact Requiring Stream Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft linear ft Site 1 (relocate) 30 30 30 Site 2 banks 20 20 20 TOTAL 0 0 50 0 50 50 The project shall be constructed in accordance with your application dated received July 10, 2014 and subsequent information submitted on July 23, 2014. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3886. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the property isAold, the Transportation and Permitting Unit Une 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 NorthCarolina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 �aturaltr� Phone: 919 - 807 -63001 FAX: 919 - 733 -1290 Internet: www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification(s) and any additional conditions listed below: 1. Diversion ditches and similar measures for the purpose of sediment and erosion control will be matted and maintained to ensure maximum efficiency for the reduction of sediment loss and turbidity. This includes interior and exterior slopes of sediment basins. 2. The area immediately adjacent to the stream located in the work area should be matted or covered (at minimum) prior to rain events. 3. Slopes in excess of 10 ft in height and located within 30 ft of waters of the state shall be matted, at minimum, upon completion and/or in accordance with the sediment/erosion control plan. Strongly recommended to be matted at the earliest possible time. 4. Rock ladder construction if required. The "steps" shall not exceed six (6) inches in height. 5. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 6. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. 13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. , 14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. 15. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 16. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 17. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. 19. Native riparian vegetation (ex. list herbaceous, trees, and shrubs native to your geographic region) must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and 5:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone: (919)- 431 -3000, Facsimile: (919)- 431 -3100 A copy of the petition must also be served on DENR as follows: Mr. Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Alan Johnson at (704) 663 -1699 or Alan.Johnson @ncdenr.gov. Since ely, �j Thomas A. Reeder, Director Division of Water Resources cc: Trish Beam, Division 12 Environmental Officer Steve Kichefski, US Army Corps of Engineers, Asheville (electronic copy only) Ecosystem Enhancement Program File Copy